Beyond Ecocide: Extraterritorial Obligations of Due Diligence as an Alternative to Address Transnational Environmental Damages?

Abstract

The aim of the present essay is to analyse whether extraterritorial obligations of due diligence in environmental matters could be an effective alternative when dealing with the phenomenon of the ‘relocation of dangerous companies’. In other words, since environmental damages caused outside a state of war are still not considered international crimes and an eventual inclusion of ecocide in this list faces serious difficulties, we will explore if and to what extent due diligence procedures imposed by the home state have the potential to achieve the intended purposes of penalties applied to international crimes.